RS passes Real Estate Bill

A bill seeking to regulate the real estate sector, bring in transparency and help protect consumer interests was passed by the Rajya Sabha today.
Moving 'The Real Estate (Regulation and Development) Bill, 2015' for consideration and passage, Urban Development Minister M Venkaiah Naidu said it aims to protect the interests of buyers and bring more transparency in the sector.
The Congress had extended its support to the Bill, which was passed by a voice vote in the House. It is touted as a major reform measure to regulate the vast real estate sector and bring order in it.
"The Bill is need of the hour," Naidu said, responding to clarifications by members saying it can see further changes in the coming times. He also sought the support of AIADMK members, who had opposed the measure.

He said the bill would prohibit unaccounted money from being pumped into the sector and as now 70 per cent of the money has to be deposited in bank accounts through cheques.
"There will be no discrmination of any kind on basis of religion, region, caste, creed or sex and gender and we will include that in the rules," Naidu said, responding to members' clarification, adding "there has to be single-window clearance for all approvals."

The Bill also provides for imprisonment of up to three years in case of promoters and up to one year in case of real estate agents and buyers for any violation of orders of Appellate Tribunals or monetary penalties or both.

Naidu said it proposed that a minimum of 70 per cent collections from buyers should be deposited in separate escrow account to cover cost of construction and land.
It will help establish state-level Real Estate Regulatory Authorities (RERAs) to regulate transactions related to both residential and commercial projects and ensure their timely completion and handover, the Minister said.
Appellate Tribunals will now be required to adjudicate cases in 60 days as against the earlier provision of 90 days and Regulatory Authorities to dispose of complaints in 60 days while no time frame was indicated in earlier Bill, he said.
"Government has done its best to accommodate the views and

suggestions of various stakeholders and different political parties in the matter. It is our collective responsibility to protect the consumer, encourage the developer and ensure orderly growth of the sector," Naidu said as he sought support of all sections for passage of the bill in the Upper House.
He said the objective of 'housing for all' can only be achieved if construction sector is supported to grow orderly in an atmosphere of mutual trust and confidence, credibility, efficiency, accountability and transparency and timely execution of projects.
Real Estate sector is the second largest employer in the country, next only to agriculture and accounts for about 9 per cent of GDP and the construction sector supports 250 ancillary industries.

"Such an important sector, over decades has been marked by lack of trust and confidence between the consumers and project developers. In the process, this sector has acquired certain notoriety, adversely impacting investment climate and hurting the interests of lakhs of home buyers every year," he said.
Naidu said about 10 lakh people buy houses every year with an investment of about Rs 3.5 lakh crore. As per available information for 27 major cities including 15 capitals, 2,349 to 4,488 new housing projects were launched every year between 2011 and 2015.
"Thus in these 27 cities during these last five years, a total of 17,526 projects were launched with a total investment value of Rs 13,69,820 crore.

"Delay in implementation of housing projects due to lack of transparency and accountability has been the bane of real estate sector in our country. This results in huge cost and time overruns, resulting in increased cost of houses. This is a matter of serious concern in the context of every citizen aspiring to own a house of his or her own," he said.
But for reasons like lack of regulation in this sector, the consumer has been reduced to a state of helplessness, he said, adding "the consumer shall be the king as had happened in sectors like telecom after a regulatory mechanism was put in place. There is an imperative need for consumer to be the king in real estate sector also.

"When there is a king, there got to be a queen also. The queen obviously is the developer. And there shall be a happy marriage between the king and the queen, for both to live happily ever after.
The Bill provides for registration of all real estate
projects with Regulatory Authorities to be set up, requiring developers to disclose project information including details of the promoter, project, lay-out plan, land status, status of approvals, agreements along with details of real estate agents, contractors, architects, structural engineers.
"This is necessary for ensuring timely execution of projects in accountable and transparent manner," Naidu said.

Extending the support of her party, Congress member Kumari Selja said consumers were falling prey to unfair practices as there was no regulatory mechanism. "The whole country is waiting for this bill...Consumers are waiting with baited breath for this," she said.
Selja suggested all housing projects should be brought under purview of this bill and there should be no limit and a clause be brought in to prevent discrimination against anyone including dalits, women and transgenders.
"Congress party stands committed to the interests of consumers, big or small, and no one should be discriminated against. We stand by this bill," she said, adding that though Congress has got many things done and brought this bill, it does not wish to take credit and BJP may do so.

Anil Madhav Dave (BJP) said though there are regulations in every sector like telecom, power, cable, food and medicines, there was none for the real estate sector which was the biggest as 50 per cent of money was in this sector.
"A regulation is coming in a field in which this country's money is being pumped in. With the beginning made today, things will become transparent. Through this bill, there will be no difference between what the developer shows and what he sells. It will have to be the same and all details of the project will be uploaded," he said.

Dave, who headed the Select Committee that looked into the bill, lamented that flats were being sold on the roadside in Noida which was "worrisome".
"When there is no regulation, the unscrupulous benefit from the confusion. I can say with confidence that this sector will see a boom, both among builders and consumers...There is nothing to fear from this bill," he said, adding that one the big builders will be regulated the smaller ones will also come under its purview over time.
Naresh Agrawal (SP) wondered if the state laws will be superceded by this bill and whether states will adhere to this central law or not. He had earlier objected to introduction of the bill through a point of order saying land was a state subject and the bill would take away powers of states.
Deputy Chairman P J Kurien, however, rejected his point of order saying "at this stage, your point of order has no relevance and I am ruling it out."
(Reopens PAR27)
Later replying to the debate, Naidu insisted that the government does not want to harass the builders as he referred to the provisions in the bill that attracts jail term for builders who cheat the consumers.
"Cheating is a crime. It is not that jail is the first option. There is first warning and then penalty. Only after that is the jail term for repeat offenders," the Minister said, adding that false advertisement by builders will attract penalty.
Replying to Congress leader Jairam Ramesh's suggestion that all Bills introduced by the government should either go to a Standing Committee or a Select Committee, Naidu said he does not have any problem if the House is allowed to function.
Supporting the bill, K C Tyagi (JD-U) expressed concern over the money power of real estate developers, saying they have empanelled top lawyers in the country to safeguard their interests in courts.
Nadimul Haque (TMC) said the bill has some gray areas as it does not include anything about sanctioning authority.
AIADMK opposed the bill, with its member A W Rabi Bernard saying land was a state subject. The Centre should have brought a model bill and left it to states to frame their own law, he said, adding that government agencies should have been kept out of purview of the bill. Bernard also warned that the bill will result in making houses and flats costlier.
Munquad Ali (BSP) said the bill should have been brought much earlier and raised concerns that developers do not adhere to timelines and consumers suffer, while BJD member A V Singh Deo made a case for single window clearance for real estate projects.
Ritabrata Banerjee (CPI-M) said the need of a regulator for the sector was long pending and demanded that the definition of 'allottee' should be made more comprehensive.
Praful Patel (NCP) said intention of the bill is noble, but referred to environmental clearances, wondering why there was a need for environment clearance when an old building is brought down and new built at the same place.
In a ligher vein, he spoke of the "legacy" of Jairam Ramesh (former Environment Minister) and said certain legacies have to be cleared.
Vijay Jawaharlal Darda (Cong) said there should be
provision of single window clearance for projects and suggested that the definition of agent should be clear and steps taken to ensure that they do not cheat the consumers.
He lamented that the Bill does not have any provision for quality of construction and sought measures be taken to break the "nexus of builder-politician-bureaucrat".
Shiv Sena's Anil Desai said the Bill was a "pioneering initiative" and will be an important legislation in the times to come. Presently, the real estate sector is tilted in favour of the builders and the bill will ensure that consumer will be the centre stage now, he added.
Rajeev Gowda of the Congress said that the Bill ensures that imbalance of power does not exist.
He urged the Minister to strengthen the anti- discrimination provisions since there are cases in which people are discriminated in housing societies based on religion, caste, creed and even food habits.